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FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF THE GOODS OR WITH PERFORMANCE OF THE
<br /> INSTALLATION SERVICES.
<br /> 9. LIMITED WARRANTY.TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LOWE'S WARRANTS THE
<br /> WORKMANSHIP OF THE INSTALLATION SERVICES FOR ONE (1)YEAR FROM THE COMPLETION DATE(THE
<br /> "WARRANTY PERIOD"). THIS WARRANTY DOES NOT COVER DAMAGE CAUSED BY ACTS OF GOD, INSTALLATION OR
<br /> REPAIRS MADE BY PERSONS OTHER THAN INSTALLER, OR ABUSE, MISUSE, NEGLECT OR NORMAL WEAR AND TEAR.
<br /> GOODS ARE COVERED EXCLUSIVELY BY THE MANUFACTURER'S WARRANTY, IF ANY. THIS LIMITED WARRANTY
<br /> GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. LOWE'S
<br /> WARRANTY FOR INSTALLATION SERVICES IS IN LiEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING
<br /> WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
<br /> 10. LIMITATION OF LIABILITY. For any claim related to this Contract, You can only seek recourse from Lowe's or the Installer; '
<br /> no parent or affiliate of Lowe%shall have any liability under this Contract. You must give Lowe's written notice within the Warranty
<br /> Period of any warranty claim. Your only remedy for a warranty claim is either(i)for Lowe's to have the Installation Services
<br /> performed again, including any necessary repair and replacement of Goods, to correct the defective Installation Services, or(ii) a
<br /> refund of all or part of the Total Contract Amount. Lowe's has absolute discretion to choose between these two options.
<br /> YOU SHALL HAVE NO OTHER REMEDY FOR A WARRANTY CLAIM, INCLUDING WITHOUT LIMITATION REMEDY FOR
<br /> LOSS OR DAMAGE CAUSED BY NORMAL WEAR AND TEAR, LOSS OR DAMAGE WHICH HAS NOT BEEN REASONABLY
<br /> MITIGATED, OR LOSS OR DAMAGE CAUSED BY ACTS OF GOD. IN NO EVENT SHALL LOWE'S BE LiABLE FOR
<br /> INDIRECT, PUNITIVE,CONSEQUENTIAL OR INCIDENTAL DAMAGES (SUCH AS,WITHOUT LIMITATION, LOST PROFITS,
<br /> LOST SALES, COSTS ASSOCIATED WITH PROJECT DELAYS,AND INJURIES TO PERSONS OR PROPERTY), EVEN
<br /> WHERE LOWE'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WHERE, DUE TO OPERATION OF
<br /> LAW, SUCH DAMAGES CANNOT BE EXCLUDED, THEY ARE EXPRESSLY LIMITED IN AMOUNT TO THE TOTAL
<br /> CONTRACT AMOUNT. For warranty claims, You agree to prepare the work area at the Project Address in the manner described
<br /> in the section titled"Customer Responsibilities."
<br /> 11. ARBITRATION AGREEMENT,WAIVER OF JURY TRIAL,AND WAIVER OF CLASS ACTION RIGHTS. Lowe's wants to
<br /> keep You as a customer, and Lowe's resolves most questions and complaints informally. All claims related to this Contract by
<br /> Lowe's or by You, Your agents, insureds or assigns, which You and Lowe's cannot resolve informally shall proceed to binding
<br /> arbitration conducted by a single arbitrator under the current applicable rules, procedures, and protocols of JAMS, Inc. ("JAMS")
<br /> (vvviw.iamsadr.com)or the American Arbitration Association ("AAA") (www.adr.orcl). You agree that if either JAMS or AAA is
<br /> unable or unwilling to arbitrate the matter, You and Lowe's will agree upon a single arbitrator with a nationally recognized
<br /> arbitration firm to arbitrate the matter. Claims subject to binding arbitration include:
<br /> a) all claims in any way related to the signing of this arbitration agreement, the validity or scope of this arbitration agreement,
<br /> or any attempt to set aside this arbitration agreement;
<br /> b) all federal or state law claims relating in any way to this Contract(including this arbitration agreement), the information
<br /> You gave Lowe's before entering into this Contract, and any past agreement or agreements between You and Lowe's;
<br /> c) all counterclaims, cross-claims, and third-party claims;
<br /> d) all common law claims of any kind including claims based upon alleged product defect, contract, tort, fraud, or other
<br /> intentional torts;
<br /> e) all claims based upon a violation of any state or federal constitution, statute, or regulation;
<br /> f) all claims asserted by Lowe's against You, including claims for money damages to collect any sum Lowe's claims You
<br /> owe;
<br /> g) all claims asserted by You individually against Lowe's or any of Lowe's employees, agents, directors, officers,
<br /> shareholders, managers, members, parent company, or affiliated entities(collectively the"related third parties") or the Installer,
<br /> including claims for money damages and/or equitable or injunctive relief;
<br /> h) all claims asserted on Your behalf by another person;
<br /> i) all claims asserted by or on behalf of You as a private attorney general against Lowe's, related third parties or the
<br /> Installer;
<br /> j) all claims arising from or relating directly or indirectly to the disclosure by Lowe's, related third parties or the Installer of
<br /> any non-public personal information about You; and
<br /> k) all other claims related to this Contract whether or not set forth above. if the dispute falls within the jurisdiction of a small
<br /> claims court the claimant may, at its option, choose to arbitrate or file a small claims action. Any appeal of a judgment from a
<br /> small claims court shall be resolved by arbitration as provided by this Contract.
<br /> Binding arbitration means that You waive: (1) any right to a jury trial; (2)any right to bring a lawsuit in a court(other
<br /> than a small claims court as described above); and (3)any right to seek relief in any other way.An arbitrator will decide
<br /> any claim not decided by a small claims court.You agree that binding arbitration provides a simple, cost effective
<br /> method to resolve disputes quickly.
<br /> You agree that (1) You cannot pursue a class action lawsuit or class action arbitration of any type, (2) no one can pursue
<br /> a class action lawsuit or class action arbitration of any type on Your behalf, and (3)a Court or arbitrator(s)cannot order
<br /> class action proceedings under this Contract.You further agree that there shall be no joinder of parties, except for
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